Bill Summary for H 761 (2021)

Summary date: 

Sep 21 2021

Bill Information:

View NCGA Bill Details2021
House Bill 761 (Public) Filed Thursday, April 29, 2021
AN ACT TO INCREASE THE PENALTIES FOR BREAKING AND ENTERING INTO CERTAIN LAW ENFORCEMENT VEHICLES AND FOR THE THEFT OF CERTAIN LAW ENFORCEMENT EQUIPMENT, TO MAKE TECHNICAL CORRECTIONS TO S.L. 2021-118, AND TO MAKE A TECHNICAL CORRECTION TO S.L. 2021-123.
Intro. by Blackwell, Faircloth, Boles, McNeill.

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Bill summary

Senate committee substitute to the 1st edition makes the following changes.

Amends GS 15A-145.5(c1)(1), as amended by SL 2021-118, concerning the content of a petition for expunction, by requiring that the petitioner's affidavit that the petitioner is of good moral character also include one of the following statements: (1) if the petition is for the expunction of one or more nonviolent misdemeanors, that the petitioner has not been convicted of any felony or misdemeanor, other than a traffic violation, during the applicable five-year or seven-year waiting period (this statement is required under law currently but is not limited to when the expunction is for nonviolent misdemeanors) or (2) if the petition is for the expunction of one or up to three nonviolent felonies, that the petitioner has not been convicted of any misdemeanor, other than a traffic violation, in the five years preceding the petition, or any felony during the applicable 10-year or 20-year waiting period. Applies to petitions filed on or after December 1, 2021. Makes conforming changes and amends the act's long title.

Amends Section 7 of SL 2021-123 as follows. Amends the annual report that the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety must make to the specified NCGA committee, so that it includes all complaints received (was, complaints filed) against a juvenile less than 10 years old, but at least 6 years of age. Makes additional technical changes. Applies to offenses committed on or after December 1, 2021. Makes conforming changes and amends the act's long title.

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